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miranda rights to the boston bombing suspect. but once they do, if they do, it changes a whole lot. and we have breaking news on this. moments ago, guess who wants to represent the defendant? we'll tell you next. >>> plus, the now dead suspect has recently -- had recently promoted the rantings of a radical cleric who calls on children to defend islam, and to be taught there is nothing better than wanting to die as a martyr. we'll ask who the shaikh is and find out what was posted on the older brother's youtube channel which are chilling. and do you know your... blood type? a or b positive?? have you eaten today? i had some lebanese food for lunch. i love the lebanese. i... i'm not sure. enough of the formalities... lets get started shall we? jimmy how happy are folks who save hundreds of dollars switching to geico? happier than dracula volunteering at a blood drive. we have cookies... get happy. get geico. fifteen minutes could save you fifteen percent or more. polaris has what you wan legdary atvs led by the powerful sportsman 850 ho. value-minded side-by-sides featuring the new ranger 80
the charges, miranda rights, the public safety exemption, where are we right now on that issue? >> well, the normal rule is that when someone's irsed, they're advised of their rights. you have the right to remain silent. anything you say can be used against you. you have the right to a lawyer. if you can't afford one it will be provided, that sort of thing. if police don't give that warning then they cannot use any statements of the defendant in court. the exception to that is called the public safety exception. it's been extended by judges to terrorism cases. and the idea is that if you need information quickly to preserve public safety, you can ask those questions and still use the responses in court. but that public safety exception rule is limited. it only applies for several hours after fill in the blank. we assume after questioning starts rather than after arrest. probably no more than a day, day and a half. >> where do you come up with that? pete, let me interrupt you there. who has come up with what is the time? is it just, you know it when you see it? >> in terms of the time li
't -- he shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were pl
. >> let's talk about the issue a lot of people have been talking about. not everybody, but some. miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just
with as a consequence as an enemy combatant or enemy belligerent which would involve delaying his miranda rights. >> you don't want to turn over intelligence gathering over to a criminal attorney. under the law, there is no right to legal counsel when you are egg being questioned for national security purposes. i hope the obama administration will allow us that and they have a bad track record. >> and this is not the course the administration will take. they will take reading him his rights after national security exception has run out and prosecuting him in a federal court as well. >> molly: thank you. >> megyn: more breaking news. news reporting that federal charges have now been filed against the surviving suspect. though they are reportedly being filed under seal. that means we don't get to see them. they will have to let it's know what the charges are but perhaps not all the supporting information. in a case of this magnitude there is no way they are going to keep the charges private and not public. in other words, what exactly has he been charged with? a terrorist act, using weapons of mass destru
analyst. the 19-year-old has not been read his miranda rights. why does this matter what has it allowed for? what is the issue here? >> a lot of variables here, the question is he in any kwan condition to answer questions with or without miranda? what is his health situation? also, even if he doesn't get miranda warnings, he may decline to answer questions in any case. they can't force him to answer questions, but if he does not receive miranda warnings and if he then anticipates questions those answers cannot be used in a criminal case against him. they can be used for intelligence gathering. they can be used if there are other conspirators who may be prosecuted, can't be used against him. other evidence can be used against him. may be lots of other evidence. if you don't get miranda warnings, your statements i can't be used against you. >> so this is a sensitive issue. another sensitive issue raised by republican senators, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status.
and lucid enough to get his miranda rights read to him, also thoughts he shot himself through the neck, that's been really brought into question now, as an eyewitness there to help take him down, looks like a cut or maybe something exploded, a shrapnel cut, those that the boston marathon, those that suffered during the explosion. he said i'm motivated by religion, that religion being islamic extremism or islam. he went on to say i have no outside ties. i'm not part of a larger group. isn't that convenient. >>steve: both brothers went to a mosque in cambridge. it was the older brother. clearly the younger brother was following the older brother in life in so many different ways. we told you a little bit yesterday about some of the outbursts the older brother had at the mosque in cambridge. for instance, back in november where they were talking about it was okay for muslims to celebrate american holidays like thanksgiving and the 4th of july and tamerlan, the older brother, stood up and argued. then in january there was a praise for martin luther king jr. and he got up and called someone a hyp
with the questions out receiving miranda warnings but the only downside is that his statements may not be used against him at trial. this is not much of a risk when you consider the other available evidence including photo images of him at the scene of the bombings and his own reported confession to the victim whose car he helped hijack during the last week's terror in boston. . but if your concern is over the larger threat in who the tsarnaev brothers were and are, what they did and what they represent, then worry a lot. for starters, you you can worry about how the high-value intergage group or h.i.g., will do its work. that unit was finally put in place by the f.b.i. after so-called underwear bomber tried to blow up the airplane in which he was traveling as it flew over detroit on christmas day, 2009. and was advise of his mir and da rights. the c.i.a. interrogation program that might have handleled the interview had by then been dismantled by president obama. at the behest of such muslim brotherhood affiliated groups as the council on american islamic relations, and the islamic society of
, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
minutes. i do not care if you read people their miranda rights, but do not shut down the intelligence gathering process. on the way he agreed to cooperate is the fbi flew to his family and his parents convinced him. hadtimes square bomber, he pakistan taliban ties and was read his miranda -- render rights and we never interrogating him for intelligence gathering purpose. osama bin laden's father-in-law was never designate and -- and an enemy -- son in law was never designated an enemy combatants. can you imagine what he could tell us? he was the spokesman for al qaeda after 9/11. there was a disturbing pattern of not gathering intelligence when that opportunity exists. i will grab a pen and pad and we will go next door and i will answer questions about what you have about the fbi. we're way to observe a moment of silence here for the folks in boston. >> she was very bright, very political, which is why she and lincoln got together in the first place. she spoke several languages fluently. she was extremely well educated. she had all of these things going for her, but she had suffered a
Search Results 0 to 11 of about 12 (some duplicates have been removed)